there are lawsuits filed against penn state and they are expected to total into the millions of dollars. >>> time right now, just about 5:06. earnings season gets underway this week and the aluminum company, alcoa, will kick things off tomorrow. analysts expecting profits at united states companies to fall 1.5%, the worst performance since 2009. the investors keeping an eye on a big anniversary, five years ago this week the dow hit a record high of 14165, less than a year before the financial crisis of 2008. here's where we stand today. the dow is at 13610 after climbing 35 points friday, nasdaq down by 1. s & p 500 was down by half a point. >> a perfect storm of events, making gas prices sky high in california. a recent fire at a refinery, combined with a power failure at another plan and a pipeline shut down led to supply shortages on the west coast. the average price for a gallon of gas in california right now $4.4, that makes it -- $4.49, that makes it the highest in the nation. here at dc $3.73. >>> still ahead, voters in venezuela give their president six years more in office. >>>